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Who pays? Funding for preventative purposes

An important judgment was handed down today in the High Court confirming that NHS England has the power to commission for preventative purposes under the NHS Act 2006 and the Act also confers upon it (NHS England) a broad discretion as to how it exercises its powers to achieve its target duties.

In his judgment, Mr Justice Green said: ‘…in this connection the manner in which it exercises its judgment to achieve the most effective use of scarce financial resources is legitimately a matter calling for the exercise of judgment. The availability of resources is thus relevant at that stage; but not at the a priori stage of interpretation of the scope in law of that power and duty, which is what this case was about.’

Compare jurisdictions: Arbitration

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